Published 4:00 am, Friday, April 23, 1999

1999-04-23 04:00:00 PDT CONTRA COSTA -- When refinery units explode or industrial safety issues surface on a public agenda in Contra Costa County, Communities for a Better Environment is there.

For at least a decade, the San Francisco organization -- known as CBE -- has been the most outspoken voice demanding crackdowns or expressing outrage at accident- prone petrochemical plants, usually saying it speaks on behalf of beleaguered and endangered neighbors.

But in spite of CBE's self-proclaimed role as a community advocate, some Contra Costa residents are now telling it to butt out.

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Community groups in Clyde and Bay Point say they do not want CBE representing them in negotiations with the nearby Tosco refinery at Avon for a "Good Neighbor Agreement" that may require pollution- control measures or other concessions from the company.

The refinery was shut down last month after a flash fire February 23 that killed four workers, and the company told county supervisors last week that it may not reopen if it has to sign a Good Neighbor Agreement.

And refinery union officials are unhappy that CBE is pressing for changes in a county industrial safety ordinance backed by labor and industry.

"It absolutely infuriates me that those damned tree-huggers would place this regulation in jeopardy," said Jim Payne of the Paper, Allied- Industrial, Chemical and Energy Workers International Union. He said the ordinance includes safety provisions that protect workers.

There are community activists who welcome CBE. And Denny Larson, CBE's director in Northern California, said Tosco itself may be stirring up the new anti-CBE complaints, pointing out that they coincided with the proposal for the Good Neighbor Agreement.

"CBE has not been chosen by our community, nor has it been appointed by any other elective body," Davis said in a letter to county Supervisor Joe Canciamilla, the board chairman. "CBE acts only on behalf of its own agenda."

Larson said that neither the Clyde nor Bay Point groups have tried to lobby Tosco for pollution control measures and that CBE is acting on behalf of its members in Clyde. He questioned whether Tosco had influenced the groups to campaign against CBE.

Davis acknowledged that the Clyde association has accepted tens of thousands of dollars from Tosco for improvements to a town playground and community center. But she said the donations would not affect their objectivity.

Supervisor Donna Gerber said refinery employees and industry advocates have mounted a campaign to discredit CBE since Tosco's fatal fire. Gerber said refineries have long tried to "divide and conquer" community groups, labor unions and other potential allies who might unite to oppose them.

But some officials who credit CBE as the most effective industrial safety advocate in the county nonetheless said the group's tactics raise concerns.

Dr. William Walker, the county's health director, said many of CBE's positions have been adopted in state and federal law, and he encourages their joint projects with his department. But he added that CBE's rhetoric could affect its credibility.

"If I have one concern in my years of dealing with them, it's a tendency sometimes to not speak the truth to scare people," Walker said.

Larson defended his organization.

"I think we provide a moderating balance and a second opinion to statements that somehow you can release tons of lead or toxic chemicals into the environment and have no impact," Larson said.

Canciamilla, who credits CBE with giving community groups a greater voice in industrial oversight, said he questions CBE's environmental lawsuits.

"CBE is not there out of altruistic reasons," Canciamilla said. "Their interest there is financial gain."

Members of the Bay Point council point to CBE's lawsuit against Acme Packaging Corp., which denied CBE's claims of lead pollution but agreed to pay the group a $210,000 settlement last year -- $175,000 in legal fees and $35,000 for CBE anti-pollution programs. Larson said Acme agreed to spend $300,000 more on equipment to eliminate lead from its emissions.

According to CBE's 1997 financial statement, 83 percent of the group's $1.5 million budget came from grants, individual donations and corporate gifts, and 12 percent came from recovery of legal fees.

Many community activists say CBE provides indispensable support.

"When we need help, that's who we call," said Sarah Eeles, who lives in Point Richmond near the Chevron refinery. "Especially on the technical end of things, without (CBE) we'd be up the creek without a paddle."

Crockett environmental activist Jay Gunkelman said communities benefit most when they have an active grassroots group that can draw on CBE for support. CBE helped negotiate a Good Neighbor Agreement with the former Unocal refinery in Rodeo before it was purchased by Tosco, and the group continues to advise neighbors on the pact's implementation.

CBE also drew praise from Dow Chemical spokesman Scott Anderson, a member of the county Hazardous Materials Commission. Although CBE is too litigious and sometimes exaggerates pollution risks, he said, the group is a valuable environmental watchdog.

"Were it not for past historical industrial practices -- companies not looking after the best interest of the community -- there would not be a need or cry for environmental organizations," Anderson said.